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Education Law

: Title IX Blog

Breaking News: Supreme Court Holds Title IX DOES NOT PRECLUDE 1983 Claims

By Erin Buzuvis, Sudha Setty, and Kristine Newhall

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I have to teach in a few minutes, so for now I can only post a link --

Reversing the First Circuit, the Supreme Court held today in Fitzgerald v. Barnstable School Committee that an available remedy for sex discrimination under Title IX does not preclude a plaintiff from seeking to remedy that sex discrimination by suing also (or instead) under 42 U.S.C 1983, the private right of action for constitutional violations.

Oh and I guess I also have time to say that the decision was unanimous and written by Justice Alito.

More later!

Full post as published by Title IX Blog on January 21, 2009 (boomark / email).

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